How are requests for withdrawal from issue handled in patent examination?
Requests for withdrawal from issue are among the exceptions to partial signatory authority in patent examination, as outlined in MPEP 1005. This means that such requests require the signature of a primary examiner, Technology Center Director, or practice specialist, even if the examiner has partial signatory authority.
The process for handling requests for withdrawal from issue is detailed in MPEP § 1308. These requests are typically made when an applicant or the USPTO becomes aware of information that may affect the patentability of a case that has been approved for issuance.
The requirement for a higher-level signature on these requests ensures that the decision to withdraw an application from issue is carefully reviewed. This is crucial because withdrawing an application from issue can have significant implications for the timing and outcome of the patent grant process.
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